TERMS OF USE

I. Agreement

Access to and use of this Web site and the information, materials, products and services available through this Web site are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this Web site, you agree to these Terms of Use, which form a legally binding agreement. If you do not agree, please exit this Web site.

We may change these Terms of Use from time to time without specific notice to you. The latest Terms of Use will be posted on the Web site, and you should always review these Terms of Use prior to using the Web site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Web site. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

II. Product & Services Information

All references on this Web site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Web site constitutes an offer to buy or sell our products or services in any jurisdiction.

III. Availability of Services

The services offered by this Web site are limited exclusively and solely to residents of the United States and Canada.

IV. Ownership

Unless otherwise indicated, this Web site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Web site are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of R. Gould and/or NetworkRetailing LLC, or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED

The posting of any such elements on this Web site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Web site. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. 

Permission is hereby granted to the extent necessary to lawfully access and use this Web site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Web site for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

V. Trademarks

The NetworkRetailing LLC logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Web site, unless otherwise noted, are service marks, trademarks and/or trade dress of R. Gould and NetworkRetailing LLC  (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Web site are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

VI. Hyperlink Disclaimer

This Web site may contain links and/or advertisements to other web sites maintained by us in addition to links to web sites maintained by unrelated companies and persons. An advertisement of, or link to, a non-NetworkRetailing LLC web site does not mean that NetworkRetailing LLC approves, endorses or accepts any responsibility for that web site, its content or use, or the use of products and services made available through such web site.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites.

Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other web sites which you may access through this Web site, the content thereof, or the products and/or services made available through such web sites. If you decide to leave our Web site and access these other web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to you while on such web sites.

VII. Links from other web sites

Persons providing access to this Web site via link from another web site are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web site and for any representations made or impressions created concerning NetworkRetailing LLC.

Authorization by us to link to this Web site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this Web site at any time and for any reason.

Anyone providing access to, or information relating to this Web site, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

VIII. Minors

This Web site is a business and commercial site. As such, it is not intended for children or minors.

IX. Felons

Federal and state laws prohibit the sale of firearms to those individuals convicted of criminal felony charges.

X. Personal Information Consent

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.

Posting or transmittal of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

We do not share, sell or distribute your personal information with unrelated third parties, except under these limited circumstances:

• Personal Data may occasionally be transferred to third parties who act for or on behalf of NetworkRetailing LLC, or in connection with our business for further processing in accordance with the purposes for which the data was originally collected or for purposes to which you have subsequently consented.
• We may share, report, or transfer the information in our databases to comply with specific legal requirements imposed by federal, state or local governments, for the administration of justice, to protect your vital interests or that of others, to protect the security or integrity of our databases or this Web site, to take precautions against legal liability, or similar events. 

XI. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS

 

BUYER EXPRESSLY AGREES TO TAKE THE MERCHANDISE "AS IS". NEITHER PROVIDER (INDIVIDUALLY OR AS OWNER TRUSTEE) NOR OWNER PARTICIPANT MAKES, HAS MADE OR SHALL BE DEEMED TO HAVE MADE, AND EACH HEREBY EXPRESSLY DISCLAIMS, ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE, VALUE, CONDITION, DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OF THE MERCHANDISE OR ANY PART THEREOF, AS TO THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE, AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT, AS TO THE ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT, OR ANY OTHER REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE MERCHANDISE OR ANY PART THEREOF.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this Web site or any web site with which it is linked.

These provisions, if any, do not affect your statutory rights as a consumer, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Certain links in this Site connect to other Web sites maintained by third parties over whom NetworkRetailing LLC has no control. NetworkRetailing LLC makes no representations as to the accuracy or any other aspect of information contained in other Web sites. 

XII. Exclusion of Liability

To the fullest extent permitted by applicable laws NetworkRetailing LLC, on behalf of our members, employees, agents, suppliers, and contractors exclude liability for any losses and expenses of any nature arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, including personal; injury or death, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the purchase of any item or product from this site, use of this Web site or any web site with which it is linked. You agree to hold us harmless from all claims and causes of action, including those based on negligence.

You assume total responsibility for establishing such procedures for data back up and virus checking, as you consider necessary. Price and availability of information, materials, products and/or services is subject to change without notice.

XIII. Indemnity and Release

You agree to indemnify, release and hold NetworkRetailing LLC harmless as well as our members, officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this Web site or any of the information, materials, products or services available through this Web site.

XIV. Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Web site (or any portion thereof) and/or the information, materials, products and/or services available through this Web site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Web site.

XV. Entire Understanding

These Terms of Use and the Sales Policies of NetworkRetailing, LLC contain the entire understanding between you and us with respect to this Web site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

XVI. Applicable Law & Jurisdiction

These Terms of Use are made under the laws of the United States and this Web site is operated from Portland, Oregon. Access to, or use of, this Web site or information, materials, products and/or services on this Web site may be prohibited by law in certain states, countries or jurisdictions. You are responsible for compliance with any applicable laws of the state, jurisdiction, or country from which you are accessing this Web site. We make no representation that the products, materials, and information contained herein is lawful, appropriate or available for use in any location.

You agree that the courts of Portland, Oregon shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this Web site, and that the laws of the State of Oregon shall govern such dispute or claim.   However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.